Journal of Council and Assembly, 1716-1728.

[Note by the Editor.]

The Records which follow in this volume, to 1722, are copied from a MS. volume in the Secretary's office, labeled, "JOURNAL OF THE COUNCIL & As. SEMBLY, 1716-1728." The PAGE in the margin denotes the corresponding page in the MS. volume.

[r. 1.] Prov. N. Hamp'.

At a Councill & Gen' Assembly held at
Portsm' by adjournm', Jan. 11th, 1715-6.
Present,

The Honble Geo. Vaughan, Esq., Lt. Gov',

The Clerk was sent down to the house of Representatives to carry a bill for suppressing Disord in licensed houses. Adjourned to to-morrow, 10 o'clock a. M.

Pro: N. Hamp'.

At a Council & Gen' Assembly held at
Portsm by adjornmt, Jan. 12, 1715-6.
Present,

The Hon'ble Geo. Vaughan, Esq., Lt. Gov',

Robert Elliot,

Nath Wear,

Rich Waldron,

Esqs.

John Plaisted, S

Sam' Penhallow, Esqs.

The Clerk was sent down to the house of Representatives to motion to them there coming into an Address to the King.

Nath' Wear & Rich Waldron, Esqs., were sent down to the house of Representatives to inform them yt ye vote they sent up to this board abt N. Castle bounds was a matter out of their sphere.

Adjorned to ten o'clock to-morrow, A. M.

[P. 2.] Pro: N. Hamp'.

At a Councill & Gen' Assembly held at Portsm° by adjournm', Jan. 13th, 1715-6.

Col. Walton brought up a vote to this board for ye house of Representatives joyning wth the Councill to address the King, as on file, dated Jan. 13th, 1715–6.

Mr. Peter Wear brought ye bill for a Constables' watch, to this board, from the house of Representatives.

The Clerk was sent down to the house of Representatives wth a vote for a Committee to draw up an Address to ye King, viz: Rich Waldron & Sam' Penhallow, Esqs., of the Council.

Mr. Geo. Jaffrey brought up the following vote of concurrence to this board:

In the House of Representatives,

Voted, That Theo. Atkinson, Esq., & Geo. Jaffrey, be y Committee of this house to joyn ye Committee of ye Councill to draw up an Address congratulatory to his Majtie upon his preservation from plots & conspiracies agst his sacred person & goverm1 according to ye vote of this house.*

13th Jan., 1715-6.

Pr order, Theo. Atkinson, Cler.

In Council.

Ord, That ye Clerk write a letter to ye Govern' of Mass. in ye name of this Goverm', in answer to their letter abt ye partition line of ye two Provinces.

R. Waldron, Cler. Con.

A letter was wrote accordingly, as on file, dated Jan. 16th,

1715-6.

Adjourned to Thursday, ye first of March, 1715-6.

This Address is not found on file.

[P. 3.] Pro. N. Hamp'.

At an Especial Session of ye Council & Gen!
Assembly at Portsm°, Feb. 6th, 1715-6.

Present,

The Honble Geo. Vaughan, Esq., Lt. Governor,

Mr. Sheriff Phipps was sent down to the House of Representatives, to desire their p'sence at ye Councill board; they came accordingly, where Joseph Smith, Esq., informed the board of y indisposition of Rich Gerrish, Esq., their speaker, & prayed they might have liberty to adjourn to s Gerrishes house. His Hon' y L' Govt answered, he had somewt to offer to them as they were ye representatives of ye people of this Prov: but as yy [they] had no speaker p'sent, they were no house; whereupon they withdrew, & presently returning again p'sented Joseph Smith, Esq., their Speaker pro tempore, & then was read to them his Hon” y* Lt. Gov speech, as followeth:

Gentm,-When you were here at yo' last sessions, we saw nothing that would demand yor attendance till March, the time appointed for yo' meeting; but sundry things intervening, it was ye advice of his Majties Council to call you together this day. What I have to offer you, I hope will not admit of a long debate, & yo resolves may be speedy. I have sundry times recommended y matter of ye prison's deficiency to yo' consideration; you are not insensible of two men's escaping thence; but upon application to his Hon' Col. Tailer, of ye neighboring Goverm', he issued out his Ords for apprehending them, so that one of them is returned to prison, & ye other secured in Salem goal in order to be sent hither. By restoring ye first, ye Prov: hath saved at least 300 lbs., wch the creditors were abt to sue for, & would have infallibly recovered; & by both, we laid under great obligations to that Goverm'. I am to inform you 'twas ye advice of ye Councill, yt a guard of two men should be placed over the prison, till ye Court of goal deliv ery [P. 4.] comes in its turn, wch is next week, whereby an accrueing charge lies on ye Goverint, & doubtless yo' care will prevent it for the future.

I would observe to you that where no discipline & rigor is to punish offenders, there can be no expectation of a civil decorum; and where no prison in a commonwealth, no restraint from illegal behaviour and trespasses, so that our goverm' is but a name, and Lnot the thing.

Mr.

I am informed that ye Laws are fitted for the press.* Treasurer Penhallow has been at Boston, and tells me he hath discoursed ye Printer, as he can inform you. I am of opinion no time should be lost; yo' mony lies dead in ye treasury, so y' we have no advantage in delay.

Gent",-I have another thing to inform you, but whether it concerns you as representatives of yor People I shall not determine; but as you are my neighbors I think it incumbent to let you know yt I have received a letter from ye adm on the estate of Sir Charles Hobby, Deceased,† who, as they relate, did buy half the title of this Province; how farr it respects you, you may consider. They offer you the purchase; but I am of opinion Goverm' hath

A copy of the first printed edition of the Laws of the Province of New Hampshire, -somewhat imperfect-is found in the Library of N. H. Historical Society. The following is the title page.

Was son of William Hobby, of Boston, one of the wardens of King's Chapel in 1693. Savage (Gen. Dic.) says, Charles was "fortunate in being knighted for his brave conduct at the earthquake, 1692, in Jamaica; or else the consideration (1) mentioned in Hutchinson, II, 153. He was a member of the Artillery Co., and its Captain, 1702 and '03, and Colonel, I believe, of the Boston regiment; but most known here, as not one of such life as should have recommended him to the clergy of N. E.'" Yet he was sent over to London with letters from "some of the most pious ministers," to our agent, Sir William Ashurst, a true Puritan, strongly urging "that he might be appointed the governor instead of Dudley." Hutchinson does not say that his connexions, the two Mathers, were writers of those letters, of which there can be no doubt; but he adds, that "Ashurst himself, after his acquaintance with Hobby, reproves and censures them." Luckily for our country, Sir Charles did not prevail, came back, perhaps, and died in 1715, but not in Boston. His estate was insolvent. Of his inventory, 23d April, 1716, "deeds for half the Province of New Hampshire " is one of the latest items; but, as in derision, put down at nothing. Seven slaves are at the head, whose aggregate is £300. It appears also, that in 1711 Sir Charles was appointed deputy governor of Annapolis (Nova Scotia), and that he accompanied Col. Nicholson on his expedition to Canada. His purchase of one half of New Hampshire was made of Thomas Allen, Esq., in 1706.-ED.

(1) The consideration referred to was the payment of £300 sterling.-ED.

nothing to do wth purchase, but especially wthout his Majties royal license had & obtained. Of the two former I doubt not but you will take effectual care, & the sooner you do it you may return to ye management of yo' own private affairs. I know ye season of the year calls you to your respective businesses. If you think of any thing by way of preliminary yt you can advise me in (to give ye Commissioners of ye Prov: appointed to meet yo Commissioners of Mass to run the partition line between the two Goverm) you have now an opportunity. Wt I have further to offer, I shall defer till your session in course, which is a more leisure season of the year.

Feb. 6th, 1715-6.

GEO. VAUGHAN.

After reading ye foregoing Speech there were read two letters, (viz.) a letter from ye Govermt of Mass abt the divisional line, &c., & a letter from ye adm's on ye estate of Sir Charles Hobby, as on file, both dated Jan. 30th, 1715-6.

Adjourned to 10 o'clock to-morrow, A. M.

[P. 5.] Pro: N. Hamp'.

Att a Councill & Gen' Assembly held at Portsmo’ by adjournment, Feb. 7th, 1715-6.

Theo. Atkinson brought up y° following answer to his Hon** the Lt. Gov Speech.

In the house of Representatives.

The 12th of Novembr last, a Committee made a return ab' y* Prison, upon weh we voted the needfull y'on.

As to the Laws, we expect the Committee appointed to collect & revise them, make a report thereof to the Gen1 Assembly, upon which we desire they may be printed so soon as may be, according to our former vote.

As to ye title of the land, We are of the same opinion, that as representatives it does not concern us.

We desire that the Committee appointed to run the line between the Mass & this Province be impowered to act & proceed thereon, when they have notice from the Mass Goverm*.

Pr. order of the House.

7th Feb., 1715-6.

Theo. Atkinson, Cler.

The Clerk was sent down to the house of Representatives to inform them yt ye present session was at an end, & that they stood adjourned as before, viz: March 1st, 1715-6.